A writ petition under Article 226 of the Constitution of India is maintainable against a co-operative society if it is a 'State' within the meaning of Article 12 of the Constitution or if it has a statutory public duty to follow its bye-laws. The suspension of an employee of a co-operative society without giving him sufficient time to submit an explanation is arbitrary and illegal.

ORDER :

Since, the subject matter of these two writ petitions, is interrelated and interconnected these writ petitions are disposed of by this common order.

2. Writ Petition No.40370 of 2018 is filed under Article 226 of the Constitution of India seeking the following relief:-

“to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring action of the 4th Respondent in issuing impugned proceedings dated 26.10.2018 based on the resolution of the 2nd respondent dated 23.10.2018 which is arbitrary, illegal and violative of the principles of natural justice, without any notice and without there being any authority of law and consequently set aside the Board Resolution No.NIL dated 30.10.2018 passed by the 2nd Respondent and also declare that the Petitioner is entitled to continue as CEO/MD in the 2nd respondent Society and to pass such other order or orders…”

3. Writ Petition No.40450 of 2018 is filed under Article 226 of the Constitution of India seeking the following relief:-

“to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring action of the 2nd Respondent in issuing impugned proceedings in Rc.No.01/2018-19 dated 06.11.2018 without conducting enquiry which is arbitrary, illegal and violative of the principles of natural justice and without there being any authority of law and consequently set aside the impugned proceedings in Rc.No.01/2018-19 dated 06.11.2018 passed by the 2nd Respondent and to pass such other order or orders ….”.

4. The case of the petitioner, in brief, is:

(a) Petitioner was appointed as clerk-cum-cashier in Respondent No.2 Society in the year 1990 through regular process of appointment. Petitioner was promoted as Field Inspector in the Society through proceedings in Ref.245/CRD/GEN/RO-KPD/2017, dated 11.05.2017. By resolution dated 01.09.2017, petitioner was appointed as CEO of Respondent No.2 Society. Respondent No.2 Society is registered under the Co-operative Societies Act and was affiliated to Andhra Pragathi Grameena Bank and presently the Society is affiliated to District Cooperative Central Bank, Kadapa. Petitioner pointed out defects and informed the same to the Divisional Co-operative Officer on 08.08.2018. In turn, the Divisional Co-operative Officer, Kadapa issued letter to submit all the information and report compliance on the rectification of defects pointed out through his letter dated 01.09.2018. Since the petitioner made complaint, the President and other Board of Directors of Respondent No.2 by conducting Board meeting on 10.10.2018 and are making allegations against the petitioner and infact, passed unanimous resolutions.

(a) The President of the Society by letter dated 11.10.2018 communicated resolution dated 10.10.2018 to the Divisional Cooperative Officer, Kadapa. The Divisional Co-operative Officer, Kadapa in its letter dated 12.10.2018, directed the Sub Divisional Co-operative Officer, Kadapa to submit a report on the resignations of Managing Committee members. Though the President and other Board of Directors rendered the resignations they are conducting meetings and passing resolutions. By resolution dated 30.10.2018, it was resolved to appoint one M.V. Kishore Kumar, as CEO of Respondent No.2 Society by removing the petitioner. The said resolution was communicated to the Divisional Co-operative Officer, who, in turn, by letter RC.No.2716/2017-C dated 26.10.2018 advised the President of Managing Committee and Members of Respondent No.2 Society to proceed in the best interest of the Society as per the provisions of the Andhra Pradesh Cooperative Societies Act and Rules, 1964 (for short ‘APCS Act & Rules’).

(b) Challenging RC.No.2716/2017-C, Writ Petition No. 40370 of 2018 is filed. Pending W.P.No.40370 of 2018, petitioner was served with show-cause notice dated 03.11.2018. In the show-cause notice, some irregularities were pointed out and petitioner was directed to submit his explanation within a period